THIS IS HOUSE GATHER SERVICE AGREEMENT.
As soon as you have successfully completed the sign-up process with your account manager and your payment is confirmed, then you will receive an automated House Gather welcome email which contains your account login information.
HOUSEGATHER.COM AND YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS AND CONDITIONS GOVERNING THE USE OF HOUSE GATHER'S ON-LINE SERVICE AS PROVIDED HEREIN. BY USING THE SERVICE OR RECEIVING DATA FROM THE SERVICES, YOU ARE AGREEING TO THESE TERMS.
WE PERIODICALLY UPDATE THESE TERMS. IF YOU ARE AN ACTIVE CLIENT, WE WILL LET YOU KNOW WHEN WE DO BY EMAIL OR BY SITE NOTIFICATION. THESE TERMS ARE VISIBLE BOTH ON THE WEBSITE AND INSIDE YOUR COMPLIMENTARY CRM. THE TERMS ARE EMAILED TO YOU AT THE TIME OF PURCHASE.
THE TERM "HOUSE GATHER" REFERS TO HOUSEGATHER.COM LOCATED AT 1301 S CAPITAL OF TEXAS HWY SUITE 122 AUSTIN, TX 78746.
THE TERMS "YOU" AND "YOUR" REFER TO YOU THE PURCHASER/USER, AND OR YOUR COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES AND USERS, AS DEFINED IN THE REGISTRATION INFORMATION PROVIDED TO YOUR ACCOUNT MANAGER.
ACCOUNT TERM DEFINITIONS
Month-To-Month: Your term is Month-to-Month and can be cancelled at any time. Your account will auto renew on a monthly basis (every 30 days), unless you cancel using our cancellation policy.
Three (3) Months Paid Monthly: You are required to pay the price listed in your receipt monthly (every 30 days) for three (3) months. At the end of your third month your account will automatically renew on a month-to-month basis. Failure to make any required payment may result in a judicial proceeding for the collection of the sums so due and unpaid.
Three (3) Months Paid Upfront: Your account has been paid in full for your three (3) month term. At the end of your third month your account will automatically renew on a month-to-month basis until cancelled using our cancellation policy.
Six (6) Months Paid Monthly: You are required to pay the price listed in your receipt monthly (every 30 days) for six (6) months. At the end of your sixth month your account will automatically renew on a month-to-month basis. Failure to make any required payment may result in a judicial proceeding for the collection of the sums so due and unpaid.
Six (6) Months Paid Upfront: Your account has been pre-paid in full for your six (6) month term. At the end of your sixth month your account will automatically renew on a month-to-month basis until cancelled using our cancellation policy.
Twelve (12) Months Paid Monthly: You are required to pay the price listed in your receipt monthly (every 30 days) for twelve (12) months. At the end of your twelfth month your account will automatically renew on a month-to-month basis. Failure to make any required payment may result in a judicial proceeding for the collection of the sums so due and unpaid.
Twelve (12) Months Paid Upfront: Your account has been pre-paid in full for your twelve (12) month term. At the end of your twelfth month your account will automatically renew on a month-to-month basis until cancelled using our cancellation policy.
REFUND POLICY
Any Payment made is non-refundable unless canceled within the first three (3) business days of the first charge for this Agreement. Please note, an order may only be cancelled if the service has not yet been used in whole or in part within the first three (3) business days from placing the order, and any cancellation must be made in writing and emailed to support@housegather.com within the first three (3) business days from placing the order.
YOUR CONTENT
House Gather may, in our sole discretion, permit you to post, upload, publish, submit or transmit your content ("Your Content"). By making available any of Your Content on or through the site, application, or services through House Gather, then you hereby grant to House Gather a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such your Content on, though, by means of or to promote or market the site, application and services. House Gather does not claim any ownership rights in any of your Content and nothing in this Agreement will be deemed to restrict any rights that You may have to use and exploit any of your Content.
You acknowledge and agree that You are solely responsible for all of your Content that You make available through the site, application, or services through House Gather. Accordingly, you represent and warrant that: (i) You either are the sole and exclusive owner of all Your Content that you make available through the site, application, or services through House Gather or you have all rights, licenses, consents and releases that are necessary to grant to House Gather the rights in your Content, as contemplated under this Agreement; and (ii) neither the Your Content nor Your posting, uploading, publication, submission or transmittal of the your Content or House Gather's use of your Content (or any portion thereof) on, through or by means of the site, application or services by House Gather will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
CANCELLATION AND TERMINATION
Agreements paid monthly will typically bill on the same calendar day each month. For example, if You signed up on January 10th, then your bill date will be on the 10th of each month. You are solely responsible for the charges already incurred on your account. House Gather, in its sole discretion, has the right to suspend or terminate Your account and refuse any and all current or future use of the service, or any other House Gather service, for any reason, at any time. Such termination of this Agreement will result in the deactivation or deletion of Your Account or access to Your Account, and the forfeiture and relinquishment of all content in Your Account. If your account is on a month-to-month term and you cancel your account within the first 60 days Your lead guarantee is subject to change (decrease) by up to 50%. If your account has a 3, 6 or 12 month term you must make all payments required. Failure to make any required payment may result in a judicial proceeding for the collection of the sums so due and unpaid. House Gather reserves the right to refuse service to anyone for any reason at any time.
PRICING TERMS
House Gather's service pricing is subject to change based on a number of factors such as, but not limited to, market conditions, demand and lead flows. You will be given appropriate notice before any price increase and then given the option to cancel or continue at the new pricing. If there is a price change, then Your account will not be billed for the new price without Your consent and agreement at the new price.
REPRESENTATIONS AND WARRANTIES
A) If You are a business entity, then it represents and warrants that: (i) it is, and will remain, a corporation in good standing under the laws of the jurisdiction of its organization; (ii) it has all requisite corporate power and authority to carry on its business as contemplated herein, including obtaining all necessary third party consents, approvals or authorizations for performance under this Agreement; (iii) there are no agreements by which it is bound preventing its performance hereunder and performance under this Agreement will not constitute a breach of any contract, agreement, or understanding by which it is bound; and (iv) it will comply with all applicable laws, rules, and regulations in performing its obligations under this Agreement.
B) EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, HOUSE GATHER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, QUALITY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE.
LEAD GUARANTEE
Accounts that come with a Lead Guarantee. The "Lead Guarantee" will be given to you at the time of purchase in writing by Your account manager. If you have not received an in-writing guarantee, then you must email or call our support team to obtain confirmation of such guarantee. Your lead guarantee is the number of leads You are guaranteed per bill not per time period. In most if not all cases your lead guarantee is delivered within 30 days of Your bill. But due to seen and unforeseen market conditions, including seasonality, force majeure, and acts beyond House Gather's reasonable control, leads may take up to 90 days or more to fulfill. If Your lead guarantee has not been met you may request a payment extension of Your next monthly bill. However, if You have not requested an extension your account will continue to bill. If you were billed without receiving your lead guarantee for the previous bill, the number of leads guaranteed not received will be added to Your Lead Guarantee total.
BILLING SUPPORT
As always, if You have any questions, our Customer Support is able to assist You Mon-Fri 9:30am - 5:00pm CST by phone at (877) 543-0045 or by email 24/7 at support@housegather.com.
MODIFICATION
House Gather reserves the right, at its sole discretion, to modify the site, application or services or to modify this Agreement, including the pricing, at any time and without prior notice. If House Gather modify this Agreement, House Gather will post the modification on the site or via the application and/or provide You notice of the modification by email. House Gather will also update the "Last Updated" date at the top of this Agreement. Changes to this Agreement will be effective at the time of posting. Your continued access or use of the site, application or services will constitute acceptance of the modified Agreement. Additionally, if the modified Agreement contains material changes applicable to you (by decreasing Your rights or increasing Your responsibilities), House Gather will provide You with notice prior to the changes taking effect. If the modified Agreement is not acceptable to You, then Your only recourse is to cease using the site, application and services. If You do not close Your House Gather Account You will be deemed to have accepted the changes.
LIMITATION OF LIABILITY
A) HOUSE GATHER MAKES NO GUARANTEE OF LEAD DATA QUALITY.
B) DISCLAIMER. NEITHER HOUSE GATHER NOR ITS THIRD-PARTY SUPPLIERS WILL BE LIABLE FOR ANY PUNITIVE, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUE, BUSINESS INTERRUPTION, OR LOST DATA, EVEN IF YOU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
C) MAXIMUM LIABILITY. IN ANY EVENT, HOUSE GATHER (AND ITS THIRD-PARTY SUPPLIER'S) MAXIMUM LIABILITY FOR ANY CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT (IN TORT, CONTRACT OR OTHERWISE) WILL NOT EXCEED ONE MONTH FEE PAID BY YOU TO HOUSE GATHER.
FORCE MAJEURE
House Gather is NOT responsible from any delay or failure to perform resulting from causes beyond its reasonable control.
APPLICABLE LAW
This Agreement will be governed by, and construed in accordance with, the laws of the State of Texas, without regard to its principals of conflict of laws. In the event of any dispute arising out of or relating to this Agreement, a suit will be brought only in a federal or state court of competent jurisdiction located in Travis County in the State of Texas.
IMPORTANT NOTICE:
YOU AGREE NOT TO MISHANDLE OR MISUSE ANY DATA PROVIDED TO YOU THROUGH THE HOUSE GATHER SERVICES. YOU MAY NOT SELL OR RESELL ANY DATA WITHOUT WRITTEN CONSENT. YOU SHALL COMPLY WITH ALL LAWS. YOU SHALL KNOW AND UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE STATE, COUNTY AND CITY. SOME HAVE LAWS THAT RESTRICT SOLICITATION.
ASSIGNMENT
House Gather may assign any of its rights or obligations under this Agreement without Your prior written consent.
WAIVER
No waiver of any breach of any provision of this Agreement by either party or the failure of either party to insist on the exact performance of any provision of this Agreement will constitute a waiver of any prior, concurrent or subsequent breach of performance of the same or any other provisions hereof, and no waiver will be effective unless made in writing.
NOTICE
Any notice alleging a breach of this Agreement must be in writing and be sent by overnight courier or delivered in person to the party's address set forth in this Agreement. Any other notice required to be provided by You under this Agreement may be sent by postal mail service or e-mail to the individual designated by House Gather. Any notice delivered to House Gather hereunder must be sent to the attention of "Contract Administration".
SURVIVAL
If any provision of this Agreement, or portion thereof, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision will be severed and the remaining provisions of the Agreement will remain in full force and effect.
NO AGENCY
Each party will act as an independent contractor and employees of each party will not be considered to be employees of the other party. No agency, partnership, joint venture or other joint relationship is created by this Agreement. Each party assumes full responsibility for the actions of its personnel while performing services pursuant to this Agreement, and will be solely responsible for their supervision, daily direction, control, and for the payment of all of their compensation and other employment related costs.
NO COSTS
Except as otherwise provided herein, each party will be responsible for all costs and expenses associated with this Agreement and its performance hereunder.
ENTIRE AGREEMENT
This Agreement constitutes the sole and complete agreement between the parties with regard to its subject matter, and supersedes all proposals, understandings, representations, prior agreements or communications relating to the subject matter of this Agreement. This Agreement also supersedes any pre-printed terms contained on any purchase order or similar document issued by either party and any such terms will have no force or effect.
GENERAL SUPPORT
As always, if You have any questions, our Customer Support is able to assist You Mon-Fri 9:30am - 5:00pm CST by phone at (877) 543-0045 or by email 24/7 at support@housegather.com.
Thank You for choosing HouseGather.com for Your online marketing needs.
UPDATED November, 14th 2017